Schumpp v. Interurban Street R. Co.

Full title: JOHN SCHUMPP, as Guardian ad Litem of JOHN SCHUMPP, JR., an Infant under…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1903

81 App. Div. 576 (N.Y. App. Div. 1903)

81 N.Y.S. 366

Opinion

April Term, 1903.

I. Henry Harris, for the appellant.

F. Angelo Gaynor, for the respondent.

Present — VAN BRUNT, P.J., PATTERSON, O'BRIEN, INGRAHAM and HATCH, JJ.

PER CURIAM:

This appeal is from an order granting a motion to open defendant's default. We have frequently held, and as late as in the case of Allen v. Fowler Wells Co. ( 45 App. Div. 506), that upon a motion to open a default a copy of the proposed pleading should be annexed to the motion papers. As such practice was not followed upon the motion here, it follows that the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, but with leave to renew upon sufficient papers.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, but with leave to renew upon sufficient papers.